Broken Bone Pedestrian Accident Case Valuation in Illinois

Almost everyone has broken a bone at some point in his or her life. It can be very easy to break a bone and they can be broken in a multitude of ways. Therefore, it is not surprising that we see them in pedestrian accidents as well. Here are some summaries of pedestrian accident case settlements in Illinois involving fractures. If you have questions about your case, we welcome you to contact our office for a free consultation with an Illinois pedestrian accident attorney who can answer any questions you have without cost or obligation.

LOZOYA VS. MUNOZ; KANE COUNTY; $15,000 SETTLEMENTThis controversial incident occurred in the sleepy Kane County town of Sugar Grove. Just after the sun had set, the plaintiff left the sidewalk and attempted to cross the street at a relatively quiet intersection. The defendant did not allow him to pass, however, because he ran right into the boy.

The victim hit the side of the car then flew up onto the windshield before falling onto the ground and breaking his leg and shoulder bones. He went on to sue the driver for negligence. The lawsuit alleged that the defendant was driving at a reckless speed and not keeping a proper lookout.

The defendant countered that the boy actually darted out of nowhere and that he was driving within the speed limit. To bolster these counterarguments, he produced a witness that testified that the plaintiff ran out onto the street; additionally, the defendant pointed to the lack of evidence offered by the plaintiff showing that he was in fact speeding at the time of the incident.

To this, the plaintiff could only respond that he actually to cross the street and did so cautiously and carefully. Maybe because he could not prove the defendant wrong, the plaintiff sought settlement early into trial and they reached agreement at $15,000 broken down in the following manner:

Court costs:

Medical costs:

Attorney’s fees:

Total:

$1,860,27

$11,250

$1,889.73

$15,000

GRANT VS. GORR; WILL COUNTY; $113,135 JURY AWARDThis accident involved a pedestrian and an automobile. The pedestrian was trying to cross Larkin Road in Crest Hill when the driver unexpectedly and without warning crashed right into him. Reports later found that the driver was driving while intoxicated. He had a blood alcohol level of 0.208. From the incident, the pedestrian suffered a fractured fibula and tibia. The driver fared even worse-he died.

At trial, the plaintiff pointed to the intoxication as well as the driver’s refusal to slow down or keep alert as signs of negligence. The defendant’s estate replied that the plaintiff did not cross the street in a proper crossway, should have yielded to the driver, and should be limited in recovery to the defendant’s maximum insurance liability limits. The jury did not take long in reaching a verdict: $113,135 for the plaintiff. Here is how the award was fashioned:

Disfigurement and Disability:

Pain and Suffering:

Lost Wages:

Medical Costs:

Total:

$4,000

$36,806

$3,529

$68,800

$113,135

BINANTI VS. WAITKUS; COOK COUNTY; $88,000 JURY AWARDA 32-year-old construction worker was working outside in a busy section of Cook County when a young woman ran his foot over. The lane had been cordoned and contracted for the very purpose of the construction that he was working on prior to the incident. He suffered a broken tibia among other injuries and was forced to undergo surgery.

The worker filed sued and claimed the driver negligently drove over him. The defendant replied that he actually entered the road as she passed by, that he was still able to continue working after the incident, and that his surgeries were unnecessary to correct the injuries that the crash caused him. In fact, witnesses for the defendant stated that he walked out onto the road just prior to the incident. In typical fashion with cases where it is hard to determine fault but there are also significant injuries, the jury gave the plaintiff a sizeable award ($88,000) but also a fair amount of the blame (49%), thereby lowering his recovery by that amount. Here was the breakdown of damages for which the jury awarded him:

Medical Costs:

Lost Wages:

Pain and Suffering:

Total:

$37,000

$26,000

$25,000

$88,000

HENDERSON VS. MATHEWS; COOK COUNTY; $101,000 JURY AWARDIn this case, a CTA driver hit a pedestrian as the 39-year-old man was waiting at an intersection. As a result, the man suffered a broken tibia. He decided to sue the driver and the driver’s employer.

He alleged that the driver was driving too fast, should have yielded to him, and should have otherwise kept a better lookout while driving; additionally, the lawsuit alleged that the employer was vicariously liable for the torts of the torts of its employee-driver because the latter was acting within the course of his employment.

The driver did not have any grounds to dispute the notion that he was negligent but still argued that the plaintiff was exaggerating the true extent of his injuries. The employer repeated these defenses and also claimed that the driver was not working at the time of the accident. The jury only found that the driver was negligent-not the employer-and awarded the plaintiff $101,000 for pain and suffering.

HEINRICH VS. KATZ; COOK COUNTY; $478,663 JURY AWARDA 61-year-old woman was walking through a crosswalk on a sunny afternoon when a car crashed right into her. The force of the crash broke her left tibia and this injury later developed arthritis.

Obviously, the woman filed suit against the driver for negligence by failing to reduce his speed, yield, and watch out for pedestrians. The defendant did not deny any of these allegations; rather, he contended that the majority of the plaintiff’s injuries stemmed from an earlier, unrelated condition.

Therefore, he believed the plaintiff’s should have been significantly lower in scope compared to what she asked for at trial. The jury disagreed and found him entirely liable for the whole breadth and scope of her harms, totaling $478,663 for the following damages categories:

Medical Costs:

Pain and Suffering:

Punitive:

Total:

$68,663

$250,000

$160,000

$478,663

DOUGLAS VS. CITY OF CHICAGO; COOK COUNTY; $782,000 JURY AWARDA 62-year-old man was making his way through the streets of downtown Chicago, trying to find the subway station, when he was hit by a cop van as he tried to cross the street.

The van was attempting to make a left-hand turn when it collided with the gentleman, dislocating and breaking his foot. Doctors who cared for the man recommended surgery but at the time of the eventual trial he had not opted it for that procedure yet, even though it still caused him a great deal of pain and discomfort.

At trial, he claimed that even though the crosswalk signal was not functioning at the time of the accident, he still had the right of way and that the cop should have slowed down and yielded to him. He also sued the City of Chicago in its capacity as the driver’s employer and under vicarious liability theories of negligence.

The defendants responded that the light was actually working during the crash and that the cop had the right of way. Therefore, their contention was that the plaintiff was actually the negligent party. On this question of fact, the jury came down on the side of the plaintiff and awarded him $782,000 for his injuries and gave 100% of the culpability to the defendants thereby avoiding any watering down of the verdict.

Did You Sustain Fractures in a Pedestrian Accident?

Rosenfeld Injury Lawyers LLC regularly represents pedestrians injured in accidents involving, cars, trucks, buses and other vehicles across Illinois. We invite you to talk to an attorney who has experience successfully resolving these cases without any cost to you. If you are unable to visit our office, we will come to your home or hospital.

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Testimonials

“Too many lawyers try pass you off to another person in their office to answer questions. Not Jonathan. I have already referred some family members to Jonathan for their injury cases. I consider Jonathan both my lawyer and my friend.”- Annie

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx

★★★★★

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong

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This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim

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Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa

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We serve the following localities: Cook County including Arlington Heights, Chicago, and Cicero; DuPage County including Wheaton; Kane County including Aurora and Elgin; Lake County including Waukegan; Macon County including Decatur; Peoria County including Peoria; Sangamon County including Springfield; Will County including Bolingbrook, Joliet, and Naperville; and Winnebago County including Loves Park, Machesney Park, Rockford, and Roscoe.